BASANTI Vs. PHOLO
LAWS(HPH)-1954-12-1
HIGH COURT OF HIMACHAL PRADESH
Decided on December 31,1954

MT.BASANTI Appellant
VERSUS
PHOLO Respondents

JUDGEMENT

Ramabhadran, J. - (1.) This is defendant's second appeal against the decision of the learned District Judge, Bilaspmy upholding the judgment and the decree of the Sub Judge of Bilaspur in a suit for possession of the landed property left by one Munshi. Munshi died issueless in 1997 Sant, and thereupon, Mt. Basanti (who is the appellant in this Court) took possession of his landed property. Thereupon, Munshi's nephew Pholo (the plaintiff-respondent) filed a suit against her, seeking possession of Munshi's properties on the ground that Mt. Basanti was not the widow of Munshi, but only his concubine, and therefore she was not entitled to his properties. The suit was resisted by Mt. Basanti, who contended, that she had been married to Munshi in 'Krewa' form, and as such, was entitled to remain in possession of his properties.
(2.) The suit was decreed by the trial Court, and its decision was upheld by the District Judge of Bilaspur. Mt. Basanti then came in second appeal to this Court. My learned predecessor dismissed the second appeal on 1-6-51. On 11-12-5.2, however, my learned predecessor reviewed and set aside his earlier order (dismissing the appeal), and directed that the second appeal be reheard. The respondent filed an application, seeking a certificate for appeal to the Supreme Court against the order granting the review. That petition was rejected by me oh 26-12-53. Thereupon, certain preliminary objections to the competency of the present second appeal were taken by the respondent. These were overruled by this Court on 30-3-54. During the last circuit to Bilaspur, I heard the arguments of the learned Counsel for the parties on the merits of the appeal, and I now proceed to deliver judgment.
(3.) "The appeal turns on the question whether Mt. Basanti was the wife of Munshi or merely his concubine. Both the Courts below came to the conclusion that she was only a concubine. In coming to this conclusion, they expressed their view that the evidence produced by Mt. Basanti did not disclose that she had been married to Munshi in the 'Krewa' form, by the performance of the ceremony, konwn as 'Nath chadar'.";


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